IRE240H1 Chapter Notes - Chapter 9: Unfair Labor Practice, Labour Law, Bargaining Unit
24 Oct 2018
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Chapter 9: The Role of the State
I. The Regulative Role
A. Labor Law
1. Labor law in Canada is characterized by an administrative approach to
unions and collective bargaining
a) Workers have no automatic right to collective bargaining under the
law
b) Rather, they must first apply to a labor board, which is an
independent, government appointed agency in charge of
administering labor law
c) The labor board must then decide which workers should and
should not be eligible to be represented by the union, determining
what is referred to as the bargaining unit
2. Where a majority of workers vote in favor of union representation or the
union can establish that a clear majority have already signed up with the
union, the board will grant it legal certification, giving it the right to
represent workers as their exclusive agent in collective bargaining
a) The employer is required to recognize the union and enter into
“good faith” negotiations with its representatives
3. Throughout this process, employers are prohibited from unduly interfering
with the union organizing drive or from disciplining or dismissing workers
because of their union activities
a) Unfair labor practice
4. In the private sector, workers also have the right to go on strike without
fear of employer retribution against them as individuals, provided the
collective agreement has expired, a good faith attempt has been mad to
negotiate a new one, a majority has voted in favor of striking, and various
other conditions have been met
a) The employer has the right to “lock out” these workers, or refuse
them access to their jobs, providing these conditions have been
met
5. In the public sector, the right to strike is often more restricted
6. In both sectors, the parties sign a collective agreement outlining the
terms and conditions of employment and the rights of each party
7. If a dispute over adherence to this agreement arises during this period,
the aggrieved party files a grievance, which is normally a written
complaint stating the issue in dispute
8. If the union and management officials are unable to resolve the grievance
on their own, they are required to appoint a grievance arbitrator, who is
an outside “neutral” paid to adjudicate the issue in dispute
9. Canadian system is relatively more effective than the US
a) Criticisms, however, includes:
(1) Creates am unnecessarily adversarial relationship between
unions and employers
